How to Handle an Outdoor Dining Injury

How to Handle an Outdoor Dining Injury

Scott Dylan Westerlund
Scott Dylan Westerlund
 | 
Nearly one in five restaurants were forced to close their doors for good as a result of government-imposed restrictions on indoor dining during the pandemic. While the pandemic is finally starting to subside a year later, the impacts on the restaurant industry won’t fade away anytime soon.

One trend that helped keep the industry afloat during Covid-19 was the introduction of widespread outdoor dining. Eating outdoors helped not only curb the spread of coronavirus but also kept millions of Americans employed. As the trend increased, so did the number of outdoor dining injuries.

Have you recently gotten injured in an outdoor dining accident? If so, then you’re likely wondering whether the restaurant is liable. If the restaurant doesn’t want to file the claim, then can you go through your own insurance company? Learn everything you need to know about outdoor dining liability below.

Is a Restaurant Liable for an Outdoor Dining Injury?

When a business invites you onto their property, they’ve immediately taken on a legal duty to provide for your care. A failure to keep you safe could amount to negligence, which means they’d be held responsible for the financial fallout of your slip and fall accident. Does this same legal standard hold up when the accident occurred outdoors, though?

That’s more complicated and difficult to answer. First, it’s important to figure out the severity of your outdoor dining injury. You’ll want to seek out an expert’s medical opinion, which means you’ll need to go to the doctor. Once you have a diagnosis and treatment plan, you’ll know whether or not it’s worth pursuing compensation after the accident. In general, it’s not worth it to pursue a claim for minor injuries.

If you have a significant injury and serious losses, then you’ll want to move on to the next step. You’ll need to determine whether the outdoor dining accident occurred on the restaurant's property. Were you seated in an outdoor dining area, or were you simply eating on public property? If you weren’t on the restaurant’s property, then you might not be able to seek out compensation from them. If you were, then you’ll want to get into contact with the restaurant.

What to Do When the Restaurant Doesn’t Want to Claim the Fall on Their Insurance

Were you on the restaurant’s property when you got hurt? What if you reach out to the restaurant and they say they don’t want to put the claim on their insurance? What if the restaurant claims to be financially unstable? Can you then use your own insurance? Should you seek out a lawsuit?

If you’re facing this type of situation, it’s crucial to speak about your case with a lawyer. A good slip and fall attorney will be able to analyze the evidence, go over what happened, and determine whether negligence was a factor in your fall. Then, they’ll help you determine your best course of action.

Depending on your situation, you might have your own insurance available to help. It’s better if you seek out a claim against the restaurant or the restaurant’s insurance company, though. Otherwise, your own insurance may decline to offer compensation because they deem that the restaurant is responsible. If you’ve already pursued that method unsuccessfully, then your own insurance company will be more likely to approve your claim.

Either way, a legal attorney can advise you through your situation. They’ll ensure you make the right decisions along the way to get the compensation you deserve after your slip and fall.

The Best Way to Handle an Outdoor Dining Injury

An outdoor dining injury is more than just an embarrassment. It can be devastating depending on the circumstances surrounding your slip and fall and the severity of your injuries. Rather than accepting the injury as inevitable and out of your hands, consider taking matters into your own hands and filing a slip and fall claim. Doing so can provide you with the financial compensation you need to recover from the accident.

Are you ready to take action and file a claim? If so, then it’s a good idea to hire a slip and fall lawyer who can help you navigate through the process. Head over to our lawyer search area to find a qualified attorney near you now.


This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.
 
Scott Dylan Westerlund

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